IT Rules 2021: Supreme Court refuses to stay proceedings in high courts

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July 10, 2021 1:00 AM

A bench led by Justice AM Khanwilkar while refusing to stay the proceedings before the HCs tagged the Centre’s transfer petition along with another similar matter pending before the apex court.

MeitY had moved the SC seeking transfer of the petitions pending before the high courts of Delhi and Kerala to the top court so as to avoid multiplicity of proceedings and divergent judicial views.MeitY had moved the SC seeking transfer of the petitions pending before the high courts of Delhi and Kerala to the top court so as to avoid multiplicity of proceedings and divergent judicial views.

The Supreme Court on Friday refused to restrain various high courts from hearing the petitions questioning the validity of new IT Rules 2021, as sought by the Centre.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which were notified and published in the Official Gazette on February 25, 2021, were challenged before different HCs on the grounds that the Rules enable the government to virtually dictate content to digital news portals, among others. They also alleged that the Rules do not meet the requirements of placing restrictions on freedom of speech and expression and, therefore, are unconstitutional and liable to be struck down.

A bench led by Justice AM Khanwilkar while refusing to stay the proceedings before the HCs tagged the Centre’s transfer petition along with another similar matter pending before the apex court.

“We are not passing any other orders except tagging it (with pending case of Justice for Rights Foundation) and directing to list the same before the appropriate bench. Let the same come up on July 16,” the bench told Solicitor General Tushar Mehta, who wanted stay on the proceedings before the HCs.

MeitY had moved the SC seeking transfer of the petitions pending before the high courts of Delhi and Kerala to the top court so as to avoid multiplicity of proceedings and divergent judicial views.

It said that transfer of the petitions are necessary as any orders which may be passed by the HC in variance to the SC directions “will create confusion and administrative issues across the entire country. Further, if such a petition is decided independently, the same may result in a likelihood of conflict between the decision of the HC and the SC. Therefore, in the interest of justice the writ petitions may be withdrawn from the respective HCs and be transferred to the SC and be tried and disposed of by the SC in the interest of justice”.

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